This policy outlines leave entitlements available to employees in the case of the
employee’s or a family member’s serious illness.

II. Scope

This policy applies to all employees who meet the eligibility requirements set forth
in law and in this policy.

III. Definitions

A. “Faculty Serious Illness and Disability Leave” or “FSIDL” means paid leave for faculty members (1) for the birth of a child and to care for
the newborn child; for the placement of a child with the employee for adoption or
foster care; for the care of a child, spouse or parent who has a serious health condition;
or for the employee’s own serious health condition; (2) as Qualifying Exigency Leave
for families of covered service members; or (3) as Military Caregiver Leave.

B. “Family Illness Leave” or “FIL” means leave without pay provided to an eligible employee to care for the employee’s
child, parent or spouse where that child, spouse or parent has a serious health condition.
It is an extension of the FMLA benefit except that FIL may not be used for absences
due to the employee’s illness.

C. “Family & Medical Leave” or “FMLA” means reasonable paid or unpaid leave provided to an eligible employee (1) for the
birth of a child and to care for the newborn child; for the placement of a child with
the employee for adoption or foster care; for the care of a child, spouse or parent
who has a serious health condition; or for the employee’s own serious health condition;
(2) as Qualifying Exigency Leave for families of covered service members; or (3) as
Military Caregiver Leave.

D. “Incapacity” means the inability to work, attend school or perform other regular daily activities
due to a serious health condition.

E. “Intermittent Leave” means the use of leave hours on a recurring basis.

F. “Reduced Work Schedule” means that the employee’s regular work schedule is reduced by some number of hours
per week.

G. “Serious Health Condition” means (1) an illness, injury, impairment, and/or physical or mental condition that
involves either inpatient care in a hospital, hospice, or residential medical care
facility, or that involves continuing treatment by a health care provider; (b) any
period of incapacity requiring absence from work of more than three calendar workdays
that also involves continuing treatment by a health care provider; (c) continuing
treatment by a health care provider for conditions so serious that, if not treated
would likely result in an absence of more than three calendar workdays; or (d) any
other circumstances defined by the applicable laws. Prenatal care and the period of
actual physical disability associated with childbirth are considered serious health
conditions.

H. For all other terms not otherwise defined in this policy, the definitions contained
in the relevant statutes, the OSP Manual,UNC Code, and UNC Policy Manual are incorporated by reference.

IV. Policy

A. Employee Eligibility

1. FMLA

a. Full and half-time (or more) SPA employees who have at least 12 months of State service (as defined in the OSP Manual) and who
have worked for the state at least 1040 hours in the immediately preceding 12 months
are eligible for FMLA leave with or without pay.

b. Temporary, part-time (less than half-time) and intermittent SPA employees who have at least 12 months of service (as defined in the OSP Manual) and have worked
at least 1250 hours in the immediately preceding 12 months are eligible for FMLA leave
without pay.

c. Faculty and all other EPA employees who meet the above minimum service and hour
requirements are eligible for FMLA leave with or without pay.

d. Note. If the employee is in non-pay status more than 1,040 hours (26 weeks) through use
of Family Illness Leave or otherwise, the employee would not qualify for Family and
Medical Leave the following year since the required 1,040 hours in pay status within
the previous year would not be met.

2. Faculty Serious Illness and Disability Leave

a. To be eligible for FIL, a faculty member must:

i. not accrue sick leave;

ii. be otherwise be eligible for FMLA leave; AND

iii. be eligible for participation in the state or UNC retirement plan.

b. Individuals with adjunct faculty appointments are not eligible for FSIDL.

3. Family Illness Leave

a. The employee must be a full-time or at least half-time employee with 1040 hours
of State service in the previous 12 months.

b. Temporary employees are not eligible for FIL.

B. Duration & Increments of Leave

1. FMLA Leave

a. FMLA Leave may be taken up to 12 weeks per 12 month period

b. Spouses who are both employed by the University are entitled to a total of 12 weeks
of FMLA leave (rather than 12 weeks each) for the birth, adoption or foster care of
a child or for the care of a sick parent.

c. The 12 month period for tracking FMLA leave allotments is a rolling 12 month period
from the date of usage, not on a calendar or fiscal year basis. (e.g. if an employee
takes three weeks of FMLA leave in March, that employee has nine weeks remaining until
March of the following year.)

d. FMLA leave runs concurrently with both FIL and FSIDL (e.g. if an employee takes
4 weeks of FIL or FSIDL, they will also have used 4 of their 12 weeks of FMLA leave)

2. FIL may be taken up to a total 52 weeks per 5 year period. All periods of FIL leave,
whether with or without pay, count towards the 52 week limit.

3. FSIDL may be taken for a minimum of 60 days and a maximum of one semester.

4. When the basis for any approved leave (not previously designated as FMLA or FIL)
falls within the scope of this policy and the absence extends beyond three (3) work
days, the leave taken will count toward the allowable 12 workweeks of FMLA.

5. Leave taken under the Voluntary Shared Leave Policy may count towards the employee’s
allotted amount of leave for both FMLA leave and FIL.

6. In addition to taking leave for multiple consecutive days, an employee may arrange
for a reduced work schedule orintermittent leave.

a. Reduced work schedules and/or intermittent leave options are not allowable for
childbirth, birth-related child care, or adoption unless the employee and university
agree otherwise.

b. When an employee is on a reduced work schedule or intermittent leave, only the
time not worked is counted against the total allowable medical leave.

c. Family Illness Leave may be taken intermittently and must be in units of one hour
or more. If taken on a reduced work schedule, it cannot span more than a 52-week period.

C. Compensation & Benefits

1. Although FIL leave is without pay, an employee may elect to cover some or all of
the period of leave by using vacation, sick or voluntary shared leave.

2. Taking FMLA Leave does not result in the loss of any employment benefit(s) accrued
prior to the date on which the leave commenced; however, an employee is not entitled
to the accrual of any seniority or employment benefits during unpaid leave.

3. Pay and benefits are reduced proportionately on a reduced work schedule unless
the employee uses paid leave to cover the time not worked.

4. If intermittent leave results in an employee being in a leave-without-pay status
for more than half the working days in the month, vacation and sick leave accruals
for the month are not earned.

5. While on FMLA leave (paid or unpaid) UNCSA will maintain the employee’s health
insurance for the duration of the FMLA; however UNCSA will not maintain any dependant
coverage for an employee’s dependants during this time. The employee may, however,
elect to pay the health insurance premiums for his/her dependants.

6. If the employee fails to return to work at UNCSA after taking FMLA leave, the employee
may be liable for any health insurance premiums paid by UNCSA during the employee’s
FMLA leave.

7. While on unpaid FIL, the employee may continue health coverage (and other types
of coverage) by paying the full premium (i.e. no contribution from the State).

D. Employee Responsibilities

1. Notice for FMLA

a. An employee shall at least provide verbal notice to the University of the need
for FMLA leave and the anticipated timing and duration of the leave.

b. The employee shall give notice to his/her supervisor as follows:

i. for birth, adoption, or planned medical treatment, 30 days notice when practicable.

ii. If an employee is unable to give notice due to emergency medical conditions or
premature birth, he/she must notify his/her supervisor as soon as practicable.

iii. Employees must also comply with UNCSA’s usual and customary notice and procedural
requirements for requesting leave, if practicable.

c. If an employee needs to request FMLA leave after the fact, the employee has two
business days upon returning to work to provide the appropriate information in order
to be entitled to the protections of FMLA

2. FIL Specific Responsibilities

a. The employee shall

i. apply in writing to the supervisor for leave using a Family Illness Leave Request
form provided in the Human Resources Office;

ii. Provide certification required;

iii. Give written notice of intention to return to work at least thirty days prior
to the end of the leave; and

iv. Return to duty within or at the end of the time granted or notify the University
when there is a decision not to return

b. Failure to provide certification or recertification required by the University
may result in dismissal for unacceptable personal conduct or discontinuation of service.

c. If the employee does not file notice of the intention to return, the University
is not required to provide reinstatement but may do so if feasible.

d. Failure to report at the expiration of a leave, unless an extension has been requested
and approved, may be considered as a resignation.

3. Faculty Specific Provisions.

a. A faculty member is considered absent for FMLA leave and FIL purposes when the
faculty member misses scheduled classes, faculty meetings, scheduled office hours,
or any other similar events or obligations because of a situation or condition which
is or potentially may be covered by FMLA.

b. A faculty member shall inform the dean of his/her absence prior to its occurrence
if possible.

c. A faculty member is considered absent under this policy regardless of whether the
dean or department arranges for another person to cover the class, meeting, office
hours, or other event or obligation.

4. Designation of Leave Type. When requesting medical leave, the employee shall inform his/her supervisor of the
beginning and end dates of vacation leave, bonus leave, sick leave, or leave without
pay to be used.

5. Returning to Work.

a. If the employee cannot return to work at the end of the FMLA leave period, he/she
should notify his/her supervisor in writing immediately.

b. Failure to report at the expiration of a period of leave may be considered the
employee’s resignation unless the employee has been already been approved for short-term
disability or other forms of leave (vacation, bonus, sick or shared leave, or leave
without pay).

6. FIL Specific Requirements

a. The employee must request FIL in writing and provide certification as requested
by his/her supervisor.

b. The employee must give his/her supervisor written notice of the intent to return
to work at least thirty days prior to the end of the leave. If the employee does not
return to work at that time and does not request an extension of leave, the employee
may be separated from UNCSA employment.

7. University Expectations. UNCSA will promptly (generally, within two business days of receiving notice of the
leave) provide the employee with a notice detailing the specific expectations and
obligations of the employee and explaining any consequences of a failure to meet these
obligations.

E. Supervisor, Human Resources, & Provost Responsibilities

1. When an employee is out on sick leave for two or more consecutive days, the employee’s
dean or supervisor shall inform Human Resources of the absence by the close of business
on the third day after the second day of absence so that the leave may be designated
as FMLA leave (if appropriate) in a timely manner. Failure of the supervisor to do
so is grounds for disciplinary action.

2. Once UNCSA has acquired knowledge that leave is requested for a FMLA-covered reason,
the dean or supervisor should promptly (within three business days, absent extenuating
circumstances) notify the employee that the leave is designated as FMLA leave and
will be counted towards the employee’s allowable allotment of FMLA leave. In all cases
such notice should be given no later than five business days after UNCSA has notice
of the qualifying condition regardless of the means with which notice was received.

3. All notices provided under this subsection must be given in writing.

4. NOTE. UNCSA may acquire information to determine that the leave requested is actually eligible
for FMLA leave.

F. Medical Certification.

1. Any request for FMLA leave for a serious health condition must be supported by
a certification issued by the health care provider for the person suffering the serious
health condition or other condition justifying the leave.

2. The employee shall attach the medical certification to the request for FMLA leave
(or in the case of unforeseen leave, generally within two business days after the
leave commences).

3. In any case in which UNCSA has reason to question the appropriateness of the leave
or its duration UNCSA may request another certification at some later date.

4. If UNCSA has reason to doubt the validity of the certification provided by the
employee, UNCSA may require at its expense, that the eligible employee obtain the
opinion of a second (or third) health care provider.

5. Failure to Provide Medical Certification

a. In the case of foreseeable leave, the University may delay the taking of FMLA leave
to an employee who fails to provide timely certification after being requested by
the University to furnish such certification (within 15 calendar days, if practicable),
until the required certification is provided.

b. In the case of unforeseeable leave, if the employee does not provide the medical
certification within a reasonable time, the University may delay the continuation
of FMLA leave. If the employee never produces the required medical certification,
or if the certification does not confirm the existence of a serious health condition
as defined under FMLA, then the leave is not allowed as FMLA leave.

G. Confidentiality. All records and documents relating to medical certifications, re-certification, or
medical histories of an employee and the employee’s family members, shall be maintained
in separate medical files from the employee’s personnel file, and shall be treated
as confidential medical records in accordance with the Americans with Disabilities
Act of 1990 (ADA) and The Health Insurance Portability and Accountability Act of 1996
(HIPPA), as applicable.

H. Fitness for Duty/Notice of Intent to Return to Work.

1. UNCSA may require an employee on FMLA leave to report periodically on the employee’s
status and intent to return to work.

2. UNCSA requires employees provide reasonable notice within two business days, where
foreseeable, of a change in circumstances or duration of FMLA leave.

3. As a condition of restoration for any employee who has taken FMLA leave for the
employee’s own serious health condition (except for intermittent leave), UNCSA may
require the employee to obtain (at the employee’s expense) and present certification
from the employee’s health care provider.

a. This information should include the particular health condition that caused the
employee’s need for the FMLA leave and that the employee is able to resume work.

b. UNCSA may delay restoration to employment until the employee submits a required
fitness for duty certification.

c. Unless the employee provides either a fitness for duty certification or a new medical
certification for a serious health condition at the time FMLA leave is concluded,
the employee may be terminated.

I. Restoration to Work

1. Any eligible employee who takes approved FMLA Leave shall be entitled, upon return
from such leave, to restoration to the same or an equivalent position of employment
with equivalent employment benefits, pay, and other terms and condition of employment.

2. If the employee is unable to perform an essential function of his/her original
position because of a physical or mental condition, including the continuation of
a serious health condition, the employee has no right to restoration to another position
under FMLA. However, UNCSA will review such situations on a case-by-case basis under
the ADA.

J. Retaliation. UNCSA will not interfere with an eligible employee’s rights under FMLA, FIL, and FSIDL,
will not discharge or otherwise discriminate against employees who exercise such rights,
and shall not retaliate against employees who file, initiate or otherwise assist in
charges or investigation against the UNCSA.

K. Grievances. Denial of Family Illness Leave can be grieved through the UNCSA’s regular grievance
processes.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual

UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS

Medical Leave Procedures

Procedure #618

I. Designation of Leave

A. The employee, supervisor, or Human Resources shall designate the leave as FMLA
on the Leave Request Form. If practicable, this should occur prior to taking leave.

B. The employee is responsible for explaining the reasons for the FMLA leave sufficiently
to enable the University to determine that the leave qualifies under the FMLA. If
the employee fails to adequately explain or document the FMLA-qualifying reasons for
the leave after a request by the University, leave may be denied.

C. If an employee on paid leave has not provided sufficient information to determine
whether it is designated as FMLA leave the department head shall, after a period of
10 workdays, request that the employee provide sufficient information to establish
a FMLA-qualifying reason for the leave. This does not preclude the department from
requesting the information sooner or at any time an extension is requested.

D. Employees (or supervisors of employees) on FMLA leave must note time taken as FMLA
on monthly time sheets.

II. Continuation of Healthcare Coverage

A. The University’s obligation to maintain dependent health insurance coverage stops
if an employee’s premium payment is more than 30 days late. The University must provide
the employee with at least 15 days notice that coverage will cease.

B. If an employee’s failure to make the premium payments leads to a lapse in coverage,
the University must still restore the employee, upon return to work, to the health
coverage equivalent that employee would have had if leave had not been taken and premium
payments had not been missed without any waiting period or preexisting conditions.

C. The University may recover the premiums if the employee fails to return for a reason
other than the continuation, recurrence, or onset of a serious health condition of
the employee or the employee’s immediate family member, or other circumstances beyond
the employee’s control.

III. Faculty Serious Illness & Disability Leave Procedures. Procedures for FSIDL are subject to the applicable provisions of this policy, its
associated procedures, and UNCSA’s Faculty Manual in effect at the time the leave
was first designated as FSIDL.

IV. Transfer. When an employee transfers to another State agency or University, the UNCSA shall
record on the PD-105 the date Family Illness Leave was first taken and the amount
taken.